Suit for Declaration and in the Consequential
Relief of
Permanent Injunction
By
Administrator[CD1]
In the court of ______
In the Matter of:
____ VERSUS
_____
SUIT
FOR DECLARATION
AND IN
THE Consequential
RELIEF OF PERMANENT INJUNCTION
APPLICATION UNDER SECTION ____ FOR
STAYING THE SUIT
Sir,
The
applicant/defendant most respectfully
submits as under: -
1-
That the above noted case is pending before this
Hon’ble court and fixed for today for notice.
2-
That the plaintiff sold the plot/ house
comprised in ____, admeasuring ___ total measuring __ Sq. yards to the
applicant/defendant vide sale Deed bearing its document No. ____ dated ____
registered in the office of ____.
The
photocopy of the sale Deed
is enclosed
herewith.
3-
That the applicant/defendant has filed a Suit
for Possession in the consequential relief of Permanent injunction titled as
“____ VERSUS ____” in the court of ____, Civil Judge, ____ which is now fixed
for ____ for consideration. The Hon’ble court has granted stay in favour of the
applicant/defendant and against the plaintiff (defendant in that suit) vide
order dated ____. The plaintiff has filed the written statement in that
suit.
4-
That now the plaintiff intentionally and
deliberately to misguide this Hon’ble court has filed. The present suit has
been filed by the plaintiff against the defendant with due diligence and full
knowledge that the defendant has already filed the suit for possession and
permanent Injunction against the plaintiff. In previously instituted case the
both parties are similar. The plaintiff has filed the present suit on the same
subject matter, same suit property, same title, on the same facts, same grounds
hence the suit of the plaintiff is not maintainable and is liable to be
dismissed with costs under section __ of CPC.
It is, therefore, prayed that the
above noted suit which has been filed by plaintiff against applicant/defendant
may kindly be stayed and may be dismissed with special costs Under section ____
of CPC in the interest of justice.
Dated |
|
Applicant/Defendant |
____ |
S/o |
____R/o____
|
THROUGH |
|
COUNSEL
|
_____ Advocate, _____
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